Does the non-custodial parent have to pay child support while the child lives with him for 3 months of the year?

Answer 1

Well actually, it depends. A non-custodial parent can still have liberal, defined visitation and if that parent, say has 3 days a week or every weekend, and their income is vastly lower than the income of the custodial parent then there would be an avenue in many states where that 'non-custodial' parent would be entitled to child support. Again, it would vary on a number of factors including what you mean by non-custodial. If non-custodial includes no physical or legal custody and/or no visitation at all, the avenue seems virtually impossible. However, simply being non-custodial would not be the single defining point. In fact, there wouldn't be a single variable that would determine the answer to this question (particularly as state law were weighed in). Best advice, contact an attorney, many will provide free first consultations.

Answer 2

Child support is normally calculated for the entire year based on a formula that already takes into account the parenting time the non-custodial parent and then is spread across the entire year. So the non-custodial parent has already received a credit for those three months of parenting time.

This was a question raised during the seminar I attended for separate and divorcing parents, and the answer is "yes." Child support is just that, support. Often times the cost of raising a child is more than double the amount received in child support. Child support and visitation are independent of each other. If you fail to pay support, visitation can not be witheld. Likewise, if you pay child support, you don't automatically have the right to visitation. If both parents are agreeable with each other, they may make a written agreement between themselves for no child support to be paid during that period of time. But, legally, the non-custodial parent is still obligated to pay child support during the extended period of time the children are in his/her care.

One option a non-custodial parent has is to pay more in the months when the child is not in his care (in this case spreading the three months of payments over the othe nine months and adding it to the among already paid) but this must begin the month after the three motnhs ends or the non-custodial parent will accumulate an arrearage. Again this is fair because the parenting time of the non-custodial parent with the child should already be accounted for in the calculations. If they are not, the non-custodial parent can file to adjust the child support based on the fact that their parenting time would reduce the child support substantially (obviously this varies from state to state).

In some states there is a percentage of time that a child lives with a parent to consider non-payment for that time. In some states a child has to live with the parent 65% of the time to receive child support if the child does not live with you for that amount of time you cant get support. In some states child support is considered repayment of past costs. You would have to ask a lawyer or research the child support laws for that state.

Of course the non-custodial parent has to pay if it is the man. Frequently, even if the kids live with the man full time he will have to pay. If a man is able to afford to go back to court to try to get custody awarded to him and he is successful, then he may have a chance at having child support reduced, rarely ended. And, the court will even more rarely order the woman to pay child support to a man, or enforce it if it does.

Answer 3

Yes of course. Regardless of state the child has the same need and the parents are obligated to provide for him.And since you pay child support I'm assuming you have your parental rights which means the custodial parent needs your permission to move the child since visitation if there is one, will be hard to follow.

Answer 4

Well no, but if the custodial parent need benefits or financial support form the state the non-custodial parent will be asked by the state for child support. Parents are first responsible to support their child.

Answer 5

Generally, the order will simply suspend support for the period(s) during which the child is with the NCP.